Thomas et al v. City of New York et al
| Tyana Miller and Kenya Thomas |
| City Of New York and Jane and John Doe(s) #1 through 10 |
| 1:2017cv08593 |
| November 15, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| J. Paul Oetken |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
159
OPINION AND ORDER re: 152 MOTION for Directed Verdict and/or New Trial. filed by Kenya Thomas, Tyana Miller, 153 MOTION for Directed Verdict . filed by Kenya Thomas, Tyana Miller. For the foregoing reasons, Plaintiffs' motion for a judgment as a matter of law or in the alternative, a new trial, is DENIED. The Clerk of Court is directed to close the motions at docket numbers 152 and 153. (Signed by Judge J. Paul Oetken on 1/5/2023) (ate)
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Filing
145
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable J. Paul Oetken, United States District Judge, the jury having returned a verdict in favor of Defendants, and the Complaint is hereby dismissed. (Signed by Judge J. Paul Oetken on 9/12/2022) (ate)
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Filing
138
ORDER: As discussed with the parties during the telephone conference held on August 30, 2022, the Court resolves the parties' dispute regarding what is not before the jury in this case by approving the following language, which the Court i ntends to read to the jury, subject to any further objections: On February 2, 2017, members of the New York Police Department went to the apartment at 60 Moore Street, Apartment 6C, in Brooklyn, New York, to execute a search warrant. The search war rant had been lawfully issued by a judge and authorized the officers to enter the apartment without knocking to search for illegal narcotics. The search warrant carried with it the lawful authority to briefly detain any person found inside the apa rtment, and to do a limited pat-down search of their person. The plaintiffs were not the targets of the search warrant and were not charged with any crimes in connection with the search. The lawfulness of the search warrant is not at issue in this t rial. Also not at issue is whether the officers were permitted to do a limited search of the plaintiffs. The issue in this trial is the manner in which the plaintiffs were searched: that is, whether they were searched in an unreasonable manner. (Signed by Judge J. Paul Oetken on 9/2/2022) (ate)
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Filing
122
ORDER: The jury trial in this case, previously scheduled for February 7, 2022, is hereby adjourned to February 8, 2022. This case is the third-priority case for jury selection on February 8, 2022, behind 20-CR-130 and 19-CR-901, meaning that this case will go forward if trial in 20-CR-130 and 19-CR-901 are adjourned. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/5/2022) (va)
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Filing
111
ORDER: A conference was held in this case on July 29, 2021. This Order confirms the schedule set during that conference: The final pretrial conference will be held on August 3, 2021, at 2:00 p.m., in Courtroom 706 of the 40 Foley Square Cour thouse. Jury selection will begin on August 24, 2021, at 9:30 a.m., in the Jury Assembly Room of the 500 Pearl Street Courthouse. So Ordered. (Final Pretrial Conference set for 8/3/2021 at 02:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken., Jury Selection set for 8/24/2021 at 09:30AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 7/29/2021) (js)
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Filing
88
ORDER: The Southern District of New York has reconfigured courtrooms and other spaces in its courthouses to allow civil jury trials to proceed as safely as possible during the COVID-19 pandemic. Under the centralized calendaring system currently in place, the Clerk's Office schedules multiple jury trials to begin on each day of jury selection: a primary case and back-up cases that may proceed in its place if the primary case does not go forward. On April 30, 2021, the Court tentatively sch eduled for trial to begin on July 26, 2021. (Dkt. No. 87.) The Court then requested a jury trial for that date. The Clerk's Office recently informed the Court that this case is on the jury trial list for July 26, 2021. The case must be trial- ready for that date. The case is fourth on the list for jury trials for that day. This means that the case will not proceed on July 26, 2021, if the Southern District's COVID-19 protocols are still in place and any of the other trials goes for ward. If the case cannot proceed on the scheduled date, the Court will seek another jury trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will proceed on July 26, 2021, it will inform the parties. The Cou rt previously entered a schedule for the submission of joint pretrial materials, which are due by July 9, 2021. (Id.) A final pretrial conference is scheduled for July 20, 2021, at 3:00 p.m. (Id.). SO ORDERED., ( Final Pretrial Conference set for 7/20/2021 at 03:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 6/02/2021) (ama)
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Filing
84
ORDER: The Southern District of New York has reconfigured courtrooms and other spaces in its courthouses to allow civil jury trials to proceed as safely as possible during the COVID- 19 pandemic. Under the centralized calendaring system currentl y in place, the Clerk's Office schedules up to three jury trials to begin on each day of jury selection: a primary case and up to two back-up cases that may proceed in its place if the primary case does not go forward. On January 21, 2021, t he Court scheduled the jury trial in this case to begin on June 21, 2021. (Dkt. No. 80.) The Court then requested a jury trial for that date. The Clerk's Office recently informed the Court that this case is on the jury trial list for June 21 , 2021. The case must be trial-ready on that date. The case is third on the list for jury trials for that day. This means that the case will not proceed on June 21, 2021, if either of the other trials scheduled for that date goes forward. If the case cannot proceed on the scheduled date, the Court will seek another jury trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will proceed on June 21, 2021, it will inform the parties. The Court p reviously entered a schedule for the submission of joint pretrial materials, which are due by May 28, 2021. (Dkt. No. 80.) A final pretrial conference is scheduled for June 10, 2021, at 3:00 p.m. (Id.). So Ordered. (Signed by Judge J. Paul Oetken on 3/18/2021) (js)
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Filing
83
ORDER RESCHEDULING SETTLEMENT CONFERENCE: The settlement conference in this matter currently scheduled for Tuesday, April 6, 2021 at 2:00 p.m. is hereby rescheduled to Tuesday, May 25, 2021 at 2:00 p.m. Counsel is directed to call Judge Parker's teleconference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than May 18, 2021 by 5:00 p.m. ( Telephone Conference set for 5/25/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/10/2021) (mro)
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Filing
82
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Tuesday, April 6, 2021 at 2:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The individual Defendants shall be available by telephone. Pla intiffs shall be present for the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre -conference submissions must be received by the Court no later than March 30, 2021 by 5:00 p.m. ( Telephone Conference set for 4/6/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/27/2021) (mro)
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Filing
81
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 79). A telephone conference will be held on Wednesday, January 27, 2021 at 2:00 p.m. in advance of a settlement conference. The pa rties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. ( Telephone Conference set for 1/27/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/22/2021) (mro)
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Filing
80
ORDER: A conference was held in this case on January 21, 2021. This Order confirms the schedule set during that conference: A trial in this case is scheduled to begin on June 21, 2021, at 9:30 a.m.; The final pretrial conference will be held o n June 10, 2021, at 3:00 p.m.; The parties shall file a joint pretrial order, proposed jury instructions, voir dire questions, and any motions in limine by May 28, 2021.; Responses in opposition to any motions in limine are due by June 4, 2021. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/21/2021) ( Motions due by 5/28/2021., Pretrial Order due by 5/28/2021., Responses due by 6/4/2021, Final Pretrial Conference set for 6/10/2021 at 03:00 PM before Judge J. Paul Oetken., Jury Trial set for 6/21/2021 at 09:30 AM before Judge J. Paul Oetken.) (ks)
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Filing
72
OPINION AND ORDER: re: 55 MOTION for Summary Judgment . filed by David Cheesewright, Leonard Clarke, City Of New York, Andrew Kamna, Bridget Penner. For the foregoing reasons, Defendants motion for summary judgment is GRANTED in part and DENIED in part. The parties are directed to confer and to file a joint letter within 21 days after the date of this Opinion and Order. The joint letter shall address (1) potential jury trial dates, or bench trial dates if all parties consent to a bench trial, between April 2021 and September 2021, (2) the parties' estimated length of trial (in number of days), and (3) whether all parties agree to be referred to Magistrate Judge Katharine Parker for a settlement conference. The Clerk of Court is directed to close the motion at Docket Number 55. So Ordered. (Signed by Judge J. Paul Oetken on 11/16/2020) (js)
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